Legal Opinion
Marty O'Shea Franklin v. James Rose, Warden of Tennessee State Penitentiary, and State of Tennessee
Court of Appeals for the Sixth Circuit
Decided June 21, 1985No. 84-5313PublishedCited by 322 opinions
1Per curiam
Petitioner Marty O’Shea Franklin appeals from the district court’s summary dismissal of his habeas petition, filed pursuant to 28 U.S.C. § 2254. Franklin seeks remand to the district court rather than issuance of a writ. Upon consideration of the record, we agree that remand is appropriate.
On August 26, 1983, Franklin filed his pro se petition for habeas corpus. He used the printed form petition provided by the district court for persons in state custody. The district court’s form listed the ten most frequently raised grounds for habeas relief. The form also instructed him regarding his…
2Cases cited7 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Wainwright v. SykesSupreme Court of the United States · 1977
- Blackledge v. AllisonSupreme Court of the United States · 1977
- William Roscoe White v. Donald Wyrick, Warden, Missouri State Penitentiary, Jefferson City, MissouriCourt of Appeals for the Eighth Circuit · 1976
- Weldon Burris v. United StatesCourt of Appeals for the Seventh Circuit · 1970
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3Cited by322 opinions
- People v. HodgesIllinois Supreme Court · 2009
- Erwin v. EdwardsCourt of Appeals for the Sixth Circuit · 2001
- Stanley L. Boswell v. Robert Mayer and Melinda CieslinskiCourt of Appeals for the Sixth Circuit · 1999
- Jones v. CarusoCourt of Appeals for the Sixth Circuit · 2009
- Clinton Folkes v. Warden NelsenCourt of Appeals for the Fourth Circuit · 2022
317 more not listed; retrieve them via the Exa API.